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Full-Text Articles in Law
Slides: Comprehensive Drilling Plans, Dave Neslin
Slides: Comprehensive Drilling Plans, Dave Neslin
Best Practices for Community and Environmental Protection (October 14)
Presenter: Dave Neslin, Director, Colorado OIl and Gas Conservation Commission (COGCC)
8 slides
Chevron And Hearing Rights: An Unintended Combination, William S. Jordan
Chevron And Hearing Rights: An Unintended Combination, William S. Jordan
Akron Law Faculty Publications
Section 554(a) of the Administrative Procedure Act provides that if a statute requires an agency an adjudicatory decision “to be determined on the record after opportunity for agency hearing,” that hearing will be subject to various requirements, including the use of an independent Administrative Law Judge, separation of the functions of investigation/prosecution and decision, and a prohibition on ex parte contacts. The courts of appeals have reached three distinct positions with respect to the question of when a statutory hearing requirement triggers § 554(a) of the APA. First, the First Circuit articulated a presumption that, for adjudications, a statutory hearing …
Chevron'S Two Steps, Kenneth A. Bamberger, Peter L. Strauss
Chevron'S Two Steps, Kenneth A. Bamberger, Peter L. Strauss
Faculty Scholarship
The framework for judicial review of administrative interpretations of regulatory statutes set forth in the landmark Chevron U.S.A. v. Natural Resources Defense Council decision prescribes two analytic inquiries, and for good reason. The familiar two-step analysis is best understood as a framework for allocating interpretive authority in the administrative state; it separates questions of statutory implementation assigned to independent judicial judgment (Step One) from questions regarding which the courts role is limited to oversight of agency decisionmaking (Step Two).
The boundary between a reviewing court's decision and oversight roles rests squarely on the question of statutory ambiguity. For while courts, …